DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of the Claims
Claims 11 and 19-20 are amended. Claims 12 and 14-18 are as previously presented. Claims 22-24 are newly added. Claims 1-10, 13, and 21 are cancelled. Therefore, claims 11-12, 14-20, and 22-24 are currently pending and have been considered below.
Response to Amendment
The amendment filed on April 24, 2026 has been entered.
Response to Arguments
Applicant’s arguments, see Pages 5-8, filed on 04/24/2026, with respect to the rejection(s) of claim(s) 11-21 under U.S.C. 102 and 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of applicant’s amendment regarding the line connection between the carbonator back to the heater and newly found prior art regarding this feature.
The Examiner notes that it appears a distinction between the prior art reference Katakura and the Applicant’s invention is that when allowing for the carbonator’s carbonated water to flow into an activated heater, the pressure within the carbonator is released and carbonation is stopped in order to undergo the sterilization process. However, it seems that the Applicant’s invention has a normal operating carbonator even when the carbonated water is sent into the heater.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. DE10 2020 126 392.9, filed on 10/08/2020.
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 11-12, 15, 19-20, and 22-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Noboru et al. (JP 3747536 B2, hereinafter Noboru) in view of Katakura et al. (JP 2016124617 A, hereinafter Katakura) and Rudick (WO 2017031047 A1).
Regarding claim 11, Noboru discloses a water dispenser (Para. 0007, “A first beverage supply system 4, a second beverage supply system 5 for supplying a beverage other than a coffee beverage to the cup 21, such as carbonated beverages and noncarbonated beverages, and hot water used for extraction of coffee beverages.”, where water is dispensed through the coffee, carbonated beverage, or noncarbonated beverage), comprising:
a water pipe configured to connect the water dispenser to a water source (Para. 0008, “cistern 32 for storing the tap water 30a supplied from the city water via the tap water electromagnetic valve 31A, and pressurizes the tap water 30a in the cistern 32 to supply water. The pressurizing pump 33 supplied to each part in the vending machine 1A via the 33a”, where the cistern 32 is connected to a water source that is the city water, where the water pipe is 33a and connects the water source to the water dispenser or cooling pipe 35 that leads into the carbonator);
a gas container configured to store pressurized carbon dioxide therein (Para. 0010, “carbon dioxide gas is supplied from the carbon dioxide gas cylinder 50.”);
a carbonator in fluid communication with the water pipe and the gas container and configured to dissolve the carbon dioxide in water, the carbonator being a cooled pressure vessel (Para. 0012, “A carbonator 54”, and Para. 0008, “An evaporator 37d that evaporates the refrigerant condensed by the condenser 37b and cools the cooling water 34”, where modified Fig. 1A shows that the carbonator is in fluid communication with the water pipe and gas container shown, where the carbonator is chilled and must be under pressure in order to allow the carbonation of water to occur with carbon dioxide, where a carbonator’s definition is to dissolved carbon dioxide into water);
a heater in fluid communication with the water pipe (Page 14, line 2, “39 Heater”, and Para. 0009, “The hot water tank 38 heats the supplied tap water 30a to form hot water 30b for extraction at a set temperature (for example, 95 to 97 °C.), and hot water for supplying hot water 30b to an extraction device 41 described later”, where the hot water tank that includes the heater 39 is in fluid communication with the water pipe 33a); and
an outlet in fluid communication with the heater through a heater outlet valve (Para. 0009, “hot water for supplying hot water 30b to an extraction device 41 described later. And a solenoid valve 31D.”).
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Modified Figure 1A, Noboru
Noboru does not disclose:
a line connecting the carbonator to the heater through which carbonated water containing dissolved carbon dioxide can be introduced into the heater;
a dosing valve disposed in the line;
an outline in fluid communication with the heater.
However, Katakura discloses, in the similar field of water dispensers with carbonators (Page 1, last Para., “A liquid pouring device that provides drinking water such as cold water, hot water, and carbonated water”, and Page 3, Para. 2 from end, “The carbonated water tank 31 is a carbonator that generates carbonated water.”), where there is a connection between the carbonator to a heater through which carbonated water containing dissolved carbon dioxide can be introduced into the heater (Page 4, Para. 1, “In the carbonated water tank 31, a float switch 37 that operates according to the water level in the carbonated water tank 31, a thermometer 38 that measures the water temperature in the carbonated water tank 31, and the carbonated water tank 31 are heated. A heating device 39 is provided. The heating device 39 heats the water in the carbonated water tank 31 in order to circulate hot water in the carbonated water circulation path 85 described later. The heating device 39 may use a known heating device that can be used in water.”, where water is carbonated within the carbonated water tank 31 first, then the carbonated water travels into a heating device that is immersed in the liquid). It would have been obvious for one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the carbonator and heater in Noboru to have the carbonator output be connected to the heater as taught by Katakura; where the carbonated water circulation circuit goes from the carbonator to the heater and then back to the carbonator, where the heater would be connected to the carbonator outlet shown with the valve 53, where Katakura discloses that there are valves connected to the heater output through the carbonated water circulation circuit, Page 7, last Para., “The control unit 5 connects the three-way valve 97 to the booster pump 98 side (step S22). Thereby, hot water circulates through the 2nd cold / hot water circulation path 83 (one-dot chain line arrow of FIG. 8) including the hot water tank 21.”.
One of ordinary skill in the art would have been motivated to make this modification in order to gain the advantage of being able to establish a carbonated water circulation line that heats water that has been carbonated already, where this can allow for sterilization within the water dispensing apparatus to occur, as stated by Katakura, Page 8, Para. 3 from end, “FIG. 16 is a flowchart for explaining the sterilization process of the carbonated water tank 31. The control unit 5 stops the operation of the compressor 52 of the carbonated water tank 31 (step S51). Subsequently, the control unit 5 stops the supply of carbon dioxide from the carbon dioxide cylinder 104 (step S52). The on-off valve 109 of the gas flow path 79 may be closed. The control unit 5 stops the operation of the booster pump 98 (step S53) and closes the on-off valve 100 (step S54). The control unit 5 releases the pressure in the carbonated water tank 31 (step S55), and operates the heating device 39 in the carbonated water tank 31 (step S56). The control unit 5 controls the heating device 39 so that the water temperature in the carbonated water tank 31 is maintained within the specified range (step S57). Thereby, the water in the carbonated water tank 31 is heated, becomes warm water, and the carbonated water tank 31 is sterilized.”.
Further, Rudick discloses, in the similar field of water dispensers with carbonators (Abstract, “in-line carbonation in a beverage dispenser”), where the carbonator output can have a line connected to another structure, where there is a dosing valve disposed in the line (Para. 0072, “A solenoid valve 304 may be added downstream of the hollow fiber membrane carbonator 102 to control the flow of carbonated water from the hollow fiber membrane carbonator 102 into the nozzle 116.”, where there is a line that contains the solenoid valve 304 that is connected between a carbonator and a nozzle). It would have been obvious for one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the heater and carbonator in modified Noboru to include a line with a dosing valve as a connection between the two devices as taught by Rudick.
One of ordinary skill in the art would have been motivated to make this modification in order to gain the advantage of using a dosing valve, where the flow of carbonated water into another structure can be controlled, where a user can decide whether a sterilization process from the teaching of Katakura needs to be performed through the use of the dosing valve, as stated by Rudick, Para. 0072, “A solenoid valve 304 may be added downstream of the hollow fiber membrane carbonator 102 to control the flow of carbonated water from the hollow fiber membrane carbonator 102 into the nozzle 116.”.
Regarding claim 12, modified Noboru teaches the apparatus according to claim 11, as set forth above, discloses wherein the heater is a boiler (Noboru, Page 14, line 2, “39 Heater”, where Fig. 4 shows that the heater 39 is located within a tank 38 and would have direct heat transfer with the water within the tank, meaning that it is part of a boiler or container for heating water) and wherein the dosing valve is a switching valve (Teaching from Rudick, Para. 0072, “A solenoid valve 304 may be added downstream of the hollow fiber membrane carbonator 102 to control the flow of carbonated water from the hollow fiber membrane carbonator 102 into the nozzle 116.”, where applicant’s Specification, Page 7, “The switching valves are in particular in the form of solenoid valves”, where the gas solenoid valve 64 would be a type of switching valve).
Regarding claim 15, modified Noboru teaches the apparatus according to claim 12, as set forth above, discloses further comprising a controller which controls the introduction of carbon dioxide via the switching valve on a time basis and/or on a volume basis (Noboru, Para. 0021, “The controller controls the opening of the gas solenoid valve 64 so that the hot water 30b is close to the target PH.”, where the amount of carbon dioxide gas introduced into the hot water is based on the volume of hot water and the time basis of gas, Para. 0015, “For example, when carbon dioxide gas is allowed to act on 150 cc of hot water 30b for about 3 to 4 seconds, PH becomes about 5.5, and when carbon dioxide gas is allowed to act for about 0.5 to 1 second, PH becomes about 6.5.”).
Regarding claim 19, Noboru discloses a method for operating a water dispenser (Abstract, “an extracted beverage manufacturing apparatus applied to a cup-type vending machine that extracts coffee, black tea, green tea, oolong tea and the like from raw materials and sells them in cups.”, where the production of water dispensed includes steps, Para. 0030, “evaluation of the storability of the coffee beverage when carbon dioxide gas is allowed to act on
the stirring step will be described.”) that comprises a heater for heating water (Page 14, line 2, “39 Heater”, and Para. 0009, “The hot water tank 38 heats the supplied tap water 30a to form hot water 30b for extraction at a set temperature (for example, 95 to 97 °C.), and hot water for supplying hot water 30b to an extraction device 41 described later”),
the method comprising: supplying carbon dioxide from a gas container to a cooled carbonator; dissolving the carbon dioxide in water to obtain carbonated water (Para. 0010, “carbon dioxide gas is supplied from the carbon dioxide gas cylinder 50.”, and Para. 0012, “A carbonator 54”, and Para. 0008, “An evaporator 37d that evaporates the refrigerant condensed by the condenser 37b and cools the cooling water 34”, where modified Fig. 1A shows that the carbonator is in fluid communication with the water pipe and gas container shown, where the carbonator is chilled and must be under pressure in order to allow the carbonation of water to occur with carbon dioxide, where a carbonator’s definition is to dissolved carbon dioxide into water).
Noboru does not disclose:
supplying the carbonated water to the heater.
However, Katakura discloses, in the similar field of water dispensers with carbonators (Page 1, last Para., “A liquid pouring device that provides drinking water such as cold water, hot water, and carbonated water”, and Page 3, Para. 2 from end, “The carbonated water tank 31 is a carbonator that generates carbonated water.”), where there is a connection between the carbonator to a heater through which carbonated water containing dissolved carbon dioxide can be introduced into the heater (Page 4, Para. 1, “In the carbonated water tank 31, a float switch 37 that operates according to the water level in the carbonated water tank 31, a thermometer 38 that measures the water temperature in the carbonated water tank 31, and the carbonated water tank 31 are heated. A heating device 39 is provided. The heating device 39 heats the water in the carbonated water tank 31 in order to circulate hot water in the carbonated water circulation path 85 described later. The heating device 39 may use a known heating device that can be used in water.”, where water is carbonated within the carbonated water tank 31 first, then the carbonated water travels into a heating device that is immersed in the liquid). It would have been obvious for one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the carbonator and heater in Noboru to have the carbonator output be connected to the heater as taught by Katakura.
One of ordinary skill in the art would have been motivated to make this modification in order to gain the advantage of being able to establish a carbonated water circulation line that heats water that has been carbonated already, where this can allow for sterilization within the water dispensing apparatus to occur, as stated by Katakura, Page 8, Para. 3 from end, “FIG. 16 is a flowchart for explaining the sterilization process of the carbonated water tank 31. The control unit 5 stops the operation of the compressor 52 of the carbonated water tank 31 (step S51). Subsequently, the control unit 5 stops the supply of carbon dioxide from the carbon dioxide cylinder 104 (step S52). The on-off valve 109 of the gas flow path 79 may be closed. The control unit 5 stops the operation of the booster pump 98 (step S53) and closes the on-off valve 100 (step S54). The control unit 5 releases the pressure in the carbonated water tank 31 (step S55), and operates the heating device 39 in the carbonated water tank 31 (step S56). The control unit 5 controls the heating device 39 so that the water temperature in the carbonated water tank 31 is maintained within the specified range (step S57). Thereby, the water in the carbonated water tank 31 is heated, becomes warm water, and the carbonated water tank 31 is sterilized.”.
Further, Rudick discloses, in the similar field of water dispensers with carbonators (Abstract, “in-line carbonation in a beverage dispenser”), where the carbonator output can have a line connected to another structure, where there is a dosing valve disposed in the line (Para. 0072, “A solenoid valve 304 may be added downstream of the hollow fiber membrane carbonator 102 to control the flow of carbonated water from the hollow fiber membrane carbonator 102 into the nozzle 116.”, where there is a line that contains the solenoid valve 304 that is connected between a carbonator and a nozzle). It would have been obvious for one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the heater and carbonator in modified Noboru to include a line with a dosing valve as a connection between the two devices as taught by Rudick.
One of ordinary skill in the art would have been motivated to make this modification in order to gain the advantage of using a dosing valve, where the flow of carbonated water into another structure can be controlled, where a user can decide whether a sterilization process from the teaching of Katakura needs to be performed through the use of the dosing valve, as stated by Rudick, Para. 0072, “A solenoid valve 304 may be added downstream of the hollow fiber membrane carbonator 102 to control the flow of carbonated water from the hollow fiber membrane carbonator 102 into the nozzle 116.”.
Regarding claim 20, modified Noboru teaches the method according to claim 19, as set forth above, discloses wherein the supplying of the carbonated water is effected so as to adjust the pH in the heater to between 6.5 and 7.0 (Noboru, Para. 0015, “In this 1st Embodiment, the control part is performing the open control of the gas solenoid valve 62 so that it may become the hot water 30b near target PH. For example, when carbon dioxide gas is allowed to act on 150 cc of hot water 30b for about 3 to 4 seconds, PH becomes about 5.5, and when carbon dioxide gas is allowed to act for about 0.5 to 1 second, PH becomes about 6.5.”; teaching from Katakura, where the carbonated water can be supplied to the heater, where the disclosure from Noboru about the amount of time that the carbonated water’s carbon dioxide acts on the heated water within the heater can still be applied regarding the PH values).
Regarding claim 22, modified Noboru teaches the apparatus according to claim 11, as set forth above, discloses wherein a pressure in the carbonator exceeds a water pressure in the water pipe, wherein a pump is arranged in the water pipe, the pump being configured to pump water into the carbonator (Noboru, Para. 0008, “The pressurizing pump 33 supplied to each part in
the vending machine 1A via the 33a and the cooling water 34 are accommodated, and the tap water 30a supplied by the pressurizing pump 33 is cooled by the cooling water 34 and used as dilution water.”, and Para. 0012, “A pressure reducing valve 51 for reducing the pressure to 5 atmospheres (for example, 5 to 6 atmospheres) and a cooling water tank 36 are disposed through a check pipe 52 from a water supply pipe 33a between the cooling pipe 35 and the dilution water electromagnetic valve 31B. The generated cooling water 30a and the carbon dioxide introduced from the pressure reducing valve 51 via the gas pipe 51a are mixed to generate carbonated water”, where the carbonator receives a 5-6 atmosphere carbon dioxide line and mixes that with water, where the water supply line is pumped into the carbonator due to the carbonator pressure being higher).
Regarding claim 23, modified Noboru teaches the apparatus according to claim 22, as set forth above, discloses further comprising a carbonator output line connecting the carbonator, through a carbonator output valve, to the outlet, whereby chilled carbonated water can be supplied to the outlet (Noboru, Para. 0012, “The generated cooling water 30a and the carbon dioxide introduced from the pressure reducing valve 51 via the gas pipe 51a are mixed to generate carbonated water, and the generated carbonated water is supplied to the cup 21 via the carbonated water electromagnetic valve 53.”, where from the combined invention of Katakura and Noboru, the carbonator and heater are connected in a circuit and the carbonator outlet would be in fluid communication with the heater).
Regarding claim 24, modified Noboru teaches the apparatus according to claim 22, as set forth above, discloses further comprising a chilled non-carbonated water line connecting the water line, through a further valve, to the outlet (Noboru, Para. 0012, “a water supply pipe 33a between the cooling pipe 35 and the dilution water electromagnetic valve 31B.”, where the valve 31B is connected to a non-carbonated water line that is chilled, where the line leads to the outlet as well), wherein the carbonator comprises cooling coils, and wherein portions of the chilled non-carbonated water line extend proximal to the cooling coils of the carbonator (Noboru, Para. 0008, “a fan motor 37c that cools the condenser 37b with a fan and promotes condensation of the refrigerant, An evaporator 37d that evaporates the refrigerant condensed by the condenser 37b and cools the cooling water 34”, where the cooling coils are the evaporator 37d, where the evaporator is close to the non-carbonated water line), whereby chilled non-carbonated water can be supplied to the outlet (Noboru, Para. 0008, “A cooling water tank 36 supplied to the cup 21 via the cooling pipe 35 and the dilution water electromagnetic valve 31B”, where the dilution water or non-carbonated chilled water can also be supplied to the cup through the outlet).
Claims 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Noboru et al. (JP 3747536 B2, hereinafter Noboru) in view of Katakura et al. (JP 2016124617 A, hereinafter Katakura) and Rudick (WO 2017031047 A1) in further view of Kim (KR 20060000203 A) and Giardino et al. (US 20170055552 A1, hereinafter Giardino).
Regarding claim 14, modified Noboru teaches the apparatus according to claim 11, as set forth above.
Modified Noboru does not disclose:
wherein a partial flow of carbonated water can be fed into the heater, wherein the partial flow can be mixed with a main flow to the heater, and wherein the partial flow amounts to between 5 % and 50 % of a total flow to the heater.
However, Kim discloses, in the similar field of dispensing water (Abstract, “a carbonated water dispenser”), where the carbonated water can be fed into a heater (Page 4, Para. 4 from end, “the present invention proposes a method in which the mixing bomb bay 22 is maintained at room temperature by installing a heater inside the mixing bomb bay 22 to heat the heater.”, and Page 3, Para. 3 from end, “In addition, carbon dioxide gas has to be injected into the mixed bomb bay 22 in order to generate carbonated water.”, where after carbonated water is sent, a flow of just purified water can be sent, “Page 3, Para. 5 from end, “Of course, it is also possible to branch off a separate pipe from the purified water pipe 17 without supplying carbon dioxide gas and supply cold water to the purified water dispenser tap 25 through the first discharge valve 23.”). It would have been obvious for one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the heater in modified Noboru to receive a flow of carbonated water as taught by Kim.
One of ordinary skill in the art would have been motivated to make this modification in order to gain the advantage of being able to maintain carbonated water at a specific temperature, which can allow a user to have access to heated carbonated water as stated by Kim, Page 2, last Para., “Bombay for the production of carbonated water in the freezer compartment door and a temperature control device is provided to maintain a constant temperature in the Bombay and the temperature in the mixed Bombay by this temperature control device”.
Further, Giardino discloses, in the similar field of dispensing water (Abstract, “an upstream inlet configured to receive the liquid and a downstream outlet configured to dispense the solution”), where the carbonated water flow can be controlled to be partial between 5 to 50% of the total liquid flow (Para. 0057, “In certain examples, the valves maintain flow rates and pressures across multiple incoming fluids (e.g. gases, liquids, carbonated beverages, such that multiple fluids mix together in the device. The valves can be set at any selected fluid mixing ratio (e.g. 1:1, 5:1, 30:1).”; where in modified Noboru, there would be an additional line connecting the carbonated water into the heater as taught by Kim, where there is already a line connected to valve 31C for supplying water to the heater; where Giardino discloses that a mixing ratio of the valves can be 1:1, meaning that the flow rate of the carbonated water and the tap water into the heater can be equal or 50% of the flow each). It would have been obvious for one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the valves of the fluid flow into the heater in modified Noboru to have a specific mixing ratio as taught by Giardino.
One of ordinary skill in the art would have been motivated to make this modification in order to gain the advantage of being able to allow a user to control the specific mixing ratio of the fluid within the heater, where this can provide a user with more control over the fluid composition, as stated by Giardino, Para. 0057, “In certain examples, the valves maintain flow rates and pressures across multiple incoming fluids (e.g. gases, liquids, carbonated beverages, such that multiple fluids mix together in the device. The valves can be set at any selected fluid mixing ratio (e.g. 1:1, 5:1, 30:1).”.
Claims 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Noboru et al. (JP 3747536 B2, hereinafter Noboru) in view of Katakura et al. (JP 2016124617 A, hereinafter Katakura) and Rudick (WO 2017031047 A1) in further view of Kim (KR 20060000203 A) and Wang (CN 203295267 U).
Regarding claim 16, modified Noboru teaches the apparatus according to claim 15, as set forth above, discloses wherein the heater is connectible to a pressurized carbon dioxide gas container (Noboru, Para. 0021, “The carbon dioxide gas treatment system 6B according to the second embodiment is to make carbon dioxide gas act on the hot water 30b in the hot water tank 38 to make the hot water 30b neutral or acidic, and carbon dioxide gas from the carbon dioxide gas cylinder 50 is used. A pressure reducing valve 61B for reducing the pressure to a predetermined pressure (for example, 0.3 to 1 atm), a gas pipe 38b connecting between the pressure reducing valve 61B and the bottom of the hot water tank 38, and a gas electromagnetic valve interposed in the gas pipe 38b”, where Fig. 4 shows that the heater for dispensing warm water 39 is located with a tank 38, where the carbon dioxide is introduced into the tank through line 38b, where the dosing valve is the gas electromagnetic valve 64).
Modified Noboru does not disclose:
wherein the water dispenser comprises two switching valves connected in series, which can be controlled alternately; and/or
wherein water can be fed from the carbonator into the heater; and/or
wherein the introduction of carbon dioxide is adjustable based on a degree of hardness of input water.
However, Kim discloses, in the similar field of dispensing water (Abstract, “a carbonated water dispenser”), where the carbonated water can be fed into a heater (Page 4, Para. 4 from end, “the present invention proposes a method in which the mixing bomb bay 22 is maintained at room temperature by installing a heater inside the mixing bomb bay 22 to heat the heater.”, and Page 3, Para. 3 from end, “In addition, carbon dioxide gas has to be injected into the mixed bomb bay 22 in order to generate carbonated water.”, where after carbonated water is sent, a flow of just purified water can be sent, “Page 3, Para. 5 from end, “Of course, it is also possible to branch off a separate pipe from the purified water pipe 17 without supplying carbon dioxide gas and supply cold water to the purified water dispenser tap 25 through the first discharge valve 23.”). It would have been obvious for one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the heater in modified Noboru to receive a flow of carbonated water as taught by Kim; where in modified Noboru, there would be an additional line connecting the carbonated water into the heater as taught by Kim, where there is already a line connected to valve 31C for supplying water to the heater and where the valves that are present for each line can be controlled separately.
One of ordinary skill in the art would have been motivated to make this modification in order to gain the advantage of being able to maintain carbonated water at a specific temperature, which can allow a user to have access to heated carbonated water as stated by Kim, Page 2, last Para., “Bombay for the production of carbonated water in the freezer compartment door and a temperature control device is provided to maintain a constant temperature in the Bombay and the temperature in the mixed Bombay by this temperature control device”.
Further, Wang discloses, in the similar field of water dispensing devices (Para. 0001, “water processing device field”), where the introduction of carbon dioxide is adjustable based on the degree of hardness of the water (Para. 0009, “carbon dioxide gas is fully used to reduce water hardness and reduces the emission of carbon dioxide; device by pressurizing and dissolving, fully mixing the carbon dioxide and water”, where carbon dioxide can be introduced depending on the degree of hardness, where the carbon dioxide reduces the hardness of the water). It would have been obvious for one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the carbon dioxide introduction into water from modified Noboru to include reducing hardness as taught by Wang.
One of ordinary skill in the art would have been motivated to make this modification in order to gain the advantage of a new treatment process that is simple, economic, and effective to use, where it can adjust the water pH from Noboru and hardness from Wang, as stated by Wang, Para. 0003, “using carbon dioxide in water hardness is a new treatment process, the process is simple, economic and effective, increasingly popular people, how to fully mix the carbon dioxide and water, reacting becomes the technical core of the technology”.
Claims 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Noboru et al. (JP 3747536 B2, hereinafter Noboru) in view of Katakura et al. (JP 2016124617 A, hereinafter Katakura) and Rudick (WO 2017031047 A1) in further view of Smith et al. (US 20120225801 A1, hereinafter Smith).
Regarding claim 17, modified Noboru teaches the apparatus according to claim 11, as set forth above, discloses an assembly, comprising:
the water dispenser as claimed in claim 11 (Noboru, Para. 0007, “A first beverage supply system 4, a second beverage supply system 5 for supplying a beverage other than a coffee beverage to the cup 21, such as carbonated beverages and noncarbonated beverages, and hot water used for extraction of coffee beverages.”, where water is dispensed through the coffee, carbonated beverage, or noncarbonated beverage).
Modified Noboru does not disclose:
wherein the assembly can dispense water;
a cartridge for water treatment, through which water is supplied to the water dispenser, wherein the cartridge is configured for releasing magnesium, silicon, lithium, and/or zinc into the water.
However, Smith discloses, in the similar field of dispensing water (Claim 10, “an outlet for dispensing a product stream of either caustic or detergent having an increased pH of at least 10 exiting from the electrochemical cell.”), where there is a cartridge for water treatment that can release magnesium, silicon, lithium, and/or zinc into the water (Para. 0093, “water treatment component according to the invention includes a treatment reservoir including one or more catalysts positioned therein. In some embodiments, the catalyst includes a water treatment agent bound to a supporting material, wherein the water treatment agent is selected from the group consisting of a source of magnesium, zinc, titanium and iron ions and combinations of the same.”, where the treatment reservoir can be a cartridge, Para. 0095, “The reservoir may be any shape or size appropriate for the use of the water and the volume of water to be treated, including for example, a tank, a cartridge”). It would have been obvious for one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the water dispenser in modified Noboru to include the water treatment cartridge as taught by Smith.
One of ordinary skill in the art would have been motivated to make this modification in order to gain the advantage of being able to reduce the hardness of the water, where this would reduce the amount of deposits within the system and reduce the need to clean the water dispenser, as stated by Smith, Para. 0072, “As a result, use of a water treatment component in the in situ cleaning systems according to the invention minimizes the amount of chemicals added to the resulting cleaning agent compared to non-treated water sources and increases the efficacy of the cleaning agent. In addition, use of a water treatment component according to the invention reduces the amount of hard water deposits, scales, and build up occurring on surfaces contacted by a feed water, providing an additional benefit of reducing the need to clean the in situ cleaning system itself.”.
Regarding claim 18, modified Noboru teaches the apparatus according to claim 17, as set forth above.
Modified Noboru does not disclose:
wherein the cartridge contains an ion exchange material loaded with magnesium and/or zinc; wherein the ion exchange material is loaded with magnesium or zinc to a degree of at least 50 % of its total capacity; and/or
wherein the ion exchange material is loaded with hydrogen and/or sodium to a degree of less than 20 % of its total capacity.
However, Smith discloses where the magnesium amount within the ion exchange material is at least 50% of its total capacity (Para. 0108, “the resin is substantially loaded with a plurality of one or more multivalent cations, which may include a mixture of calcium and magnesium ions. The calcium and magnesium ions may be loaded on to the resin material at a ratio of from about 1: 10 to about 10: 1, about 1:5 to about 5:1, about 1:3 to about 3:1, about 1:2 to about 2: 1, or from about 1: 1 of calcium ions to magnesium ions.”, where a 1:10 ratio of calcium to magnesium would mean that magnesium is greater than 50% of the total capacity of the resin; regarding the zinc, hydrogen, and sodium, it is the Examiner’s position that these are optional limitations and would be obvious to try through experimenting with different ion combinations in order to reduce the hardness of the water). It would have been obvious for one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the cartridge with resin in modified Noboru to include the specific magnesium ratio as taught by Smith.
One of ordinary skill in the art would have been motivated to make this modification in order to gain the advantage of being able to control the water hardness without substantially altering the water source, as stated by Smith, Para. 0106, “In additional embodiments of the invention, the water treatment component may include a resin material to control water hardness without substantially altering the water source.”.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ming et al. (CN 210438527 U, hereinafter Ming) discloses a similar carbon dioxide introduction into water, however the water includes waste.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/KEVIN GUANHUA WEN/Examiner, Art Unit 3761
06/29/2026
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